Western District of Texas • 5:26-cv-01190

#1

Feb 17, 2026

Petition for Writ of Habeas Corpus, filed by Amirehsan Khaef. (Attachments: # 1 Civil Cover Sheet, # 2 Copy of Envelope).(tt) (Entered: 02/24/2026)

#2

Feb 17, 2026

MOTION to Appear Pro Hac Vice by Abdolreza "Reza Mazaheri, Esq. by on behalf of Amirehsan Khaef. (Attachments: # 1 Proposed Order).(tt) (Entered: 02/24/2026)

Feb 17, 2026

If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney. (tt)

Feb 17, 2026

THIS CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE JASON K. PULLIAM. (tt)

Feb 24, 2026

Remark (No Doc#)

Feb 24, 2026

To be Referred to SA Mag Judge

#3

Mar 04, 2026

ORDER FOR SERVICE--The Court hereby DIRECTS the Clerk of Court to furnish a copy of the Petition and this Order to the Office of the United States Attorney in San Antonio, Texas. Federal Respondents are ORDERED to file a response to the Petition for Writ of Habeas Corpus no later than March 9, 2026. IT IS FURTHER ORDERED that any possible or anticipated removal or transfer is IM-MEDIATELY STAYED until further order from this Court.. Signed by Judge Jason K. Pulliam. (vl) (Entered: 03/05/2026)

#5

Mar 04, 2026

ORDER GRANTING 2 Motion to Appear Pro Hac Vice for Attorney Abdolreza Reza Mazaheri for Amirehsan Khaef. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Jason K. Pulliam. (vl) (Entered: 03/05/2026)

#4

Mar 05, 2026

Certified Mail Receipt of 1 Petition for Writ of Habeas Corpus, 3 Order, (vl) (Entered: 03/05/2026)

#6

Mar 09, 2026

Extension of Time to File Document

#7

Mar 10, 2026

Text Order GRANTING 6 Presumed Opposed Motion for Extension of Time. Movants ask for additional time to file a response to 1 Petition for Writ of Habeas Corpus. Due to the expedited circumstances of these types of cases, the Court grants the motion without awaiting a response to the motion. The Court extends the time for Respondents to file a response to March 19, 2026. Any reply is due March 26, 2026. Entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rw) (Entered: 03/10/2026)

Mar 10, 2026

Order on Motion for Extension of Time to File

#8

Mar 19, 2026

Certified Mail Receipt

#9

Mar 19, 2026

Response

#10

Mar 24, 2026

Response

#11

Mar 27, 2026

Pro Hac Vice Fee Paid

#12

Jun 30, 2026

Notice

#13

Jul 09, 2026

Order

#14

Jul 13, 2026

Order

#15

Aug 05, 2026

TEXT ORDER GRANTING 1 PETITION FOR WRIT OF HABEAS CORPUS. Petitioner asserts that his detention violates 8 U.S.C. § 1231(a)(6) of the Immigration and Nationality Act as interpreted by Zadvydas v. Davis, 533 U.S. 678 (2001). Respondents have submitted a response in opposition. After reviewing the briefing, provided evidence, and applicable law, the Court grants the petition based on the law as set out and analyzed in Shengelia v. Ortega, No. 5:25-CV-1545-JKP, 2025 WL 3654368 (W.D. Tex. Dec. 16, 2025); Marquez-Amaya v. Thompson, No. 5:25-CV-1501-JKP, 2025 WL 3654327, at *5 (W.D. Tex. Dec. 15, 2025). While there are differences between this case and those cited cases, none warrant a different result. For reasons previously stated in those cases, the Court finds that (1) there is no question that Petitioner has been detained longer than the presumptively reasonable six-month period recognized in Zadvydas; (2) Petitioner has provided good reason to believe that there is no significant likelihood of removal in the reasonably foreseeable future; and (3) Respondents have not responded with evidence sufficient to rebut that showing. Through the circumstances of Petitioner's detention and the undisputed facts, Petitioner has satisfied the requirements of Zadvydas. Petitioner has been detained since June 4, 2025, with a final order of removal since June 2008. After the order of removal became final, immigration authorities released Petitioner from custody under an order of supervision on August 31, 2010. Despite that release, Petitioner was re-detained in June 2025 following a regularly scheduled check-in with immigration authorities. And now, even though Petitioner has had a lengthy detention, Respondents have been unable to obtain travel documents that would permit his removal to his native country, Iran, or to any third country. As of March 12, 2026, travel documents from Iran remained pending. Nothing of record indicates that the Government is making any current effort to remove Petitioner to a third country. The circumstances provide good reason to believe that there is no significant likelihood of Petitioner's removal in the foreseeable future and Respondents have not rebutted that showing. Respondents essentially rely on a submitted declaration to carry their burden, but that declaration does not do so on the facts of this case. Under the circumstances of this case, the Court concludes that habeas relief is proper and Zadvydas requires Petitioner's release from the unlawful detention. Fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 are not available in habeas corpus proceedings like this one. The Court treats the instant action solely as a habeas action under 28 U.S.C. § 2241 and declines to consider any claim other than the alleged Zadvydas violation. IT IS HEREBY ORDERED that on or before August 7, 2026, Respondents shall RELEASE Petitioner Amirehsan Khaef from custody to a public location, under conditions no more restrictive than those in place before the detention at issue. Respondents must NOTIFY Petitioner's counsel of the exact location and exact time of release as soon as practicable and no less than two hours before release. Any possible or anticipated removal or transfer of Petitioner under this present detention is PROHIBITED unless Respondents are able to remove Petitioner to his native country Iran before releasing him in accordance with the timeframe of this Order. No later than the next business day after the ordered release date, Respondents shall FILE a status report to confirm whether Petitioner has been released. If counsel for Petitioner disagrees with any aspect of the filed Status Report, counsel may file a separate Status Report. A written final judgment will be issued separately to summarize the orders of the Court and to close this habeas case. Signed by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rw) (Entered: 08/05/2026)

#16

Aug 05, 2026

Judgment

Aug 05, 2026

Order

#17

Aug 10, 2026

Status Report